JUDGEMENT
P.K.JAISWAL, J. -
(1.)THIS appeal is filed by the appellant under
Section 173 of the Motor Vehicles Act against
an award dated 12-1-2010 passed by learned
Additional Member, M.A.C.T., Jaora Distt.
Ratlam in Claim Case No. 34 of 2009. By the
impugned award, the Claims Tribunal has
awarded a total sum of RS.74,000 with interest
to the appellant by way of compensation for
the injuries sustained in the accident that
occurred on 12-11-2008.
(2.)APPELLANT had preferred a claim petition under Section 166 of Motor Vehicles
Act, seeking compensation to the tune of
RS.5,40,000. According to the appellant
compensation awarded by the Tribunal is
meagre and deserves enhancement.
Therefore, by filing the appeal inadequacy of
the compensation has been assailed.
It is not necessary to narrate the entire facts in detail, such as how the accident
occurred, who was negligent in driving the
offending vehicle, who is liable to pay
compensation, etc., because the Tribunal has
already recorded the findings in favour of
the appellant. Those findings have not been
challenged at the instance of the respondents,
i.e., the owner/driver/insurance company
by filing the cross-objection or cross-appeal.
In that view of the matter it is not necessary
to burden the judgment by detailing the
facts on all these issues.
(3.)MR . Manish Jain, learned counsel for the appellant, submits that the injuries
sustained by the appellant were grievous in
nature. It is also submitted that on account
of accident the injured sustained permanent
disablement in right eye. He could not have
performed any work during the treatment,
and earn any amount. Counsel further
submits that the compensation awarded by
the learned Tribunal is inadequate, without
looking to the permanent disablement or the
injuries sustained, hospitalization, medical
bills and the loss of earnings. Thus,
compensation may be enhanced.
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